Date of last revision: December 19, 2010
By using the Chatterfly web site, mobile application or other services ("Services") of Chatterfly, Inc., you have understood and accepted the terms and conditions ("Terms of Use").
1. You are responsible for any activity that occurs under your user account.
2. You are responsible for keeping your password secure.
3. You must not abuse, harass, threaten, impersonate or intimidate other Chatterfly users.
4. You may not use the Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
5. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the Services.
6. You must not copy, create a derivative work of, reverse engineer, or hack Chatterfly nor modify another web site to falsely imply that it is associated with Chatterfly.
7. You must not upload, post, email, transmit, forward, provide links to, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation to any Chatterfly users.
8. You must not interfere with or disrupt the Services, Chatterfly, Inc. servers or servers or networks connected to Chatterfly, Inc. servers such as by transmitting worms, viruses, or any code of a destructive nature.
9. You must not, in using Chatterfly, intentionally or unintentionally violate any applicable local, state, national, or international law.
Violation of any of these agreements will result in the termination of your Chatterfly account. While Chatterfly prohibits such conduct and content on its site, you understand and agree that Chatterfly, Inc. cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Chatterfly service at your own risk.
1. We reserve the right to modify or terminate the Services for any reason, without notice at any time.
2. Chatterfly, Inc. reserves the right to change or modify these Terms of User at any time, in its sole discretion, by posting changes at Chatterfly.com (or such other URL that Chatterfly, Inc. may provide from time to time). Your continued use of any part of the Services following the posting of such changes or modifications will constitute your acceptance of such changes or modifications. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
3. We reserve the right to refuse service to anyone for any reason at any time.
4. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
5. The Services makes it possible to post images, videos and text hosted on Chatterfly to outside websites. However, pages on other websites that display data hosted on Chatterfly must provide a link back to Chatterfly.
6. As a condition of your use of the Services, you agree that Chatterfly, Inc. has the right, for any purpose, to retain, use, and publish in an aggregate manner information collected from your use of the Services.
7. You agree to indemnify, defend and hold harmless Chatterfly, Inc., its employees, officers and directors, and users from and against any and all claims, liabilities, penalties, settlements, judgments and fees arising from (i) any content that you or anyone using your account may submit or access in the course of using the Services; (ii) your use of, or inability to use, the Services (iii) your violation of the Terms of Use; and (iv) any violation or failure by you to comply with all laws and regulations in connection with your use of the Services.
8. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
1. upload, post, email, transmit, forward, provide links to, or otherwise make available any Content that is unlawful, harmful, threatening, abusive harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. upload, post, email, transmit, forward, provide links to, store or otherwise make available any material that infringes copyrighted material or promotes the violation of the intellectual property rights of others, including but not limited to trademark and patent violations;
3. copy, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, or modify the Services in any manner;
4. upload, post, email, transmit, forward, provide links to, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
5. impersonate any person or entity, including, but not limited to, Chatterfly, Inc. employees, or falsely state or otherwise misrepresent your affiliation with a person or entity;
6. upload, post, email, transmit, forward, provide links to, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Services or other Chatterfly, Inc. information systems; or,
7. disobey any requirements, procedures or policies or regulations connected to Chatterfly;
1. We claim no intellectual property rights over the material you provide to the Services. Your profile and materials uploaded remain yours. You can remove your profile at any time by deleting your account. This will also remove any text and images you have stored in the system.
2. We encourage users to contribute their creations to the public domain or consider progressive licensing terms.
3. Chatterfly, Inc. undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
1. A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
2. A description of the copyrighted work claimed to have been infringed;
3. A description of the infringing material and information reasonably sufficient to permit Chatterfly, Inc. to locate the material such as a web URL;
4. Your contact information, including your address, telephone number, and email;
5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
6. A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
Claims of copyright or other intellectual property infringement can be sent to Chatterfly, Inc.'s Copyright Agent, at copyright@chatterfly.com.
Reference: http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf